THE KEY QUESTIONS

http://www.liveleak.com/view?i=32d_1189236699 VIDEO MCCANNS AT POLICE STATION/JUSTINE MCGUINESS


Hi all I have been reviewing what sort of evidence the PJ may have against the McCanns and here was considering the evidence obtained from surveillance and bugging. We know Gerry loved his mobile, using it extensively on the night Madeleine went missing to send and receive 14 texts and he also spent a reported two hours on his mobile from when she was found missing with the result the story was already in the Daily Telegraph at 12.04 am on 3 May - just two hours after she was found to be "missing". How odd then that in this extract from The Times a friend reports "Gerry will often refuse to talk on a mobile phone". Seems he became a little paranoid.. This article goes on to confirm the first request the PJ made to the Portuguese Judge was retrospective permission to use evidence from bugging in the prosecution against the McCanns. This is good news because it means all evidence they obtained by bugging can be used against them, even though it was before they got the judge's permission.

In relation to the PJ promptly returning the hire car to the McCanns two days later - this could have been fitted with a satellite tracking device so the McCanns could be kept under surveillance no matter where they went.

British Police are to be commended for maintaining complete silence as to their activities in investigating the McCanns, but Clarence would have us believe they chat to him! Apparently because British Police have not dignified his claim by an answer that just proves what he says is the truth - really? The Home Office would never comment either and I believe it is quite possible they have been bugged since returning to the UK which would have required the approval of our Home Secretary. Such requests are usually granted in the investigation of serious crime. Terrorist conspirators in Birmingham have just been convicted on the basis of a bug planted in the property by MI5 that recorded them and their conversations.

There are fears that certain evidence may have been brought back to the UK by Gerry McCann during one of his many trips back here from the early stages - he claims these trips were to consult solicitors and fund directors. Was losing his wallet in London just a publicity stunt in his overhwelming passion to remain in the press? How odd there were two precious photos of Madeleine in the wallet which some kind thief posted back to him the very same night!! What happened to the twins buggy, the tennis bag (which he denies even owning)? Why did he go and dump a new fridge from a rented property and pay out of his own pocket to replace it? Why offer such bizarre excuses for forensic evidence found?

What has happened to the separate defence fighting fund that it was reported back in September the McCanns were going to set up? Did the McCanns realise the public were not going to give them any more money? More to the point what has happened to those expensive London lawyers? The only person we ever hear about defending them now is Edward Smethurst, who has no experience in criminal law at all and has, very oddly, become one of the Directors of the Find Madeleine Fund. He replaces one of the two directors who suddenly felt the need to resign. This coincides very nicely with the PJ making it clear the investigation was going to continue with a fourth visit to the UK to interview members of the TAPAS group. A read back confirms there are four members of this group the PJ are particularly interested in. Jane Tanner, Russell O'Brien, Rachel and Matthew Oldfield. They have insisted Murat was hanging around that night. Crucially also Matthew Oldfield says he checked on the McCann children at 9.30 whereas Jane of course intimates Madeleine was being carried off 15 minutes before. Wilkins is a vital witness confirming he did not see Jane Tanner and there are two waiters who will also confirm she did not leave the table. It is interesting to read that Gerry, apparently, even raised the subject of leaving their children alone during the conversation with Wilkins saying they would have stayed in with their children had they not been on holiday with friends. I believe he was again deliberately staging an abduction scenario by making sure he told all and sundry the children were left alone. I also believe he planned the abduction would actually take place sometime after 9.30 and there was an error in getting the stories right - Jane Tanner slipped up with the time given to the PJ of 9.30CORRECTION 9.15! . I believe this to be the case because Gerry called a woman to their table at 9.30 - I believe he wanted to make sure that no one could possibly blame him for removing Maddie - he knew that OB was doing this.

Gerry complaining he wanted to know details of the case against them and that his defence team were working in the dark again confirms to me he knew they were going to be charged. What parent, who was genuinely innocent would go to all this trouble? WE also heard remarks from him that it was important they remain in Portugal "to control the investigation". This is a very strange comment to make. Would it have been more natural to say "to continue to co-operate fully with the police so they can try and find our daughter". Why the obsession with controlling the investigation and how realistic was it for him to think he could do that. How badly did he want to continue to control the investigation once the PJ accused him and his wife! We know that Kate was extremely un-coperative with the police during her interrogation refusing to answer many questions. Gerry apparently did answer the questions - what can we deduce from this? I can honestly say the only time I have seen Gerry McCann look extremely sad and dejected was when he came out of the police station - the inevitable conclusion I draw from this is that the knowledge the game was up really upset him, but previously, as we saw with the silly grin outside the Whitehouse and his tennis games just a few days later he was certainly not upset by the loss of his daughter. Kate was not even showing upset on exiting the police station - she looked arrogant and defiant. No wonder I cannot be sure which one did actually kill Madeleine - in their own very different ways they act - guilty as hell! I have included a further piece from The Times - the key questions which I think is really helpful. Most of us agree in order to move forward, looking back now can be very helpful - particularly with all the subsequent spin and behaviour we have seen - things start to make even more sense!

Viv x




“Gerry will often refuse to talk on a mobile phone. He prefers to use land-lines as he considers them safer. That is based on information that they have received during the investigation. It makes them feel really awkward in their own home. They feel they are being watched at all times.”
The source added that this did not suggest that their conversations were in any way furtive as a result. “They are entirely innocent and have nothing whatsoever to hide.”
The couple have, however, decided to avoid talking over the phone about how they would clear their names if charged by the police, fearing that it would give the Portuguese an unfair advantage.
Some of the McCanns’ friends who were with them on holiday in Praia da Luz at the time of Madeleine’s disappearance in May have also been told that they may be being bugged.

Portuguese detectives would have to file a mutual legal assistance request with the Home Office if they wanted phone calls to be bugged in Britain. Jacqui Smith, the Home Secretary, would have to sanction an application, which would be carried out by British authorities.
Neither the Home Office nor Leicestershire Constabulary would comment yesterday on whether any request had been received or put in place. A spokesman for the McCanns also refused to comment.
Under Portuguese law bugging telephones and computers is admissible evidence in court. The police are, however, required to get a judge’s approval. If they were unable to get permission before fitting the devices, they can apply to the courts retrospectively.
It is understood that one of the first applications made by the PolÍcia Judiciária to the judge was a retrospective application to continue bugging the McCanns and to use information already gleaned from the surveillance operation in court.
One option open to the police would have been to fit the McCanns’ car, hired 25 days after the child’s disappearance, with a satellite tracking device. Detectives believe that the vehicle was used to dump the child’s body after it had been concealed. The tracker would have pinpointed where the car was driven.
The bugging claim is the latest salvo in the increasingly acrimonious battle being played out in the media as the McCanns, who under Portuguese law cannot comment on the case, and the police, who are bound by the same restrictions, try to win over the public.
The couple’s fears about their every move being monitored emerged as the Portuguese police were granted permission by the investigating judge to apply to Britain to search the McCanns’ family home. Detectives believe that the couple flew back with vital evidence that could help the police to establish whether they had some involvement in the child’s death.
Last night the McCanns insisted that there was an innocent explanation for sniffer dogs having detected the presence of human bodies in their Portuguese hire car. A source said that the Renault Mégane Scenic was used to ferry bags containing rotting meat and other rubbish to a nearby tip.
“There were not proper dustbins at the villa and as a result the family had to regularly transport their household waste including rotting food, rotting meat and soiled nappies to a communal disposal area,” the source said.
“The vehicle was used as a rubbish lorry for the family, so there would potentially have been the scent of rotting flesh, excrement and urine. Who’s to say that the nappy bag didn’t leak?”
Madeleine’s sandals are also believed to have been transported in the car, potentially allowing DNA from sweat to be transferred.
The source said that Kate and Gerry McCann’s legal team were working in a vacuum trying to prepare any defence for the couple, because of a lack of information from the Portuguese authorities.
“There is a lack of communication right down the line to them. The defence team is having to draw up a case without knowing what the allegations are. Gerry asks, ‘What have we been accused of?’ He doesn’t know and nor does anyone else.”
The McCanns’ efforts to fight police leaks about scientific evidence said to prove that they had some hand in their daughter’s death saw the couple criticised yesterday by the English organisation analysing samples seized from the scene of Madeleine’s disappearance and the family hire car. The Forensic Science Service is frustrated that DNA examinations they have carried out for the Portuguese police were being rubbished by the publicity campaign launched by the McCanns.
The Birmingham company is due to hand over a new batch of DNA test results carried out on samples taken from Praia da Luz. They are due to arrive in Portugal in the next few days.
The tests are looking for traces of her DNA from material gathered around Praia da Luz, including alleged blood samples found in an apartment close to the one from where Madeleine disappeared on May 3.


Madeleine McCann: the key questions
David Brown and Steve Bird examine the puzzles and mysteries at the heart of the four month investigation
Why are the “Tapas 9” key to solving the Madeleine mystery?
Kate and Gerry McCann were dining with seven British friends at a tapas restaurant in the Ocean Club resort when Madeleine was reported missing. The friends are crucial witnesses but have said very little publicly. Police sources have claimed there are inconsistencies in their statements to officers. The friends are Matthew and Rachael Oldfield, Russell O’Brien and his partner Jane Tanner and David and Fiona Payne and her mother Dianne Webster.
Did any of them see anyone taking Madeleine?
Jane Tanner told police that she saw a man walking away from the McCanns’ apartment at 9.15pm. Sources close to the couple have previously said that the man had a child wrapped in the blanket and was walking in a southerly direction. However, the London Evening Standard reported yesterday that Ms Tanner had seen man carrying a girl dressed in Madeleine’s distinctive pink-and-white pyjamas walking eastwards, towards the house of the official suspect Robert Murat, 33.
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Do police believe this was a man abducting Madeleine?
Detectives refused to publicise the sighting for three weeks. Another witness, Jeremy Wilkins, is reported to have told police that he was in the area talking to Mr McCann and did not see the mystery man.
Did anyone else in the Tapas 9 notice anything strange?
Matthew Oldfield said he had checked on the McCanns’ apartment at 9.30pm. A source close to the McCanns had said he did not look into the bedroom where Madeleine was sleeping with the two-year-old twins Sean and Amelie. But the Evening Standard report claimed he saw the twins but did not have a view of Madeleine’s bed.
Was there anything strange about the room after Madeleine disappeared?
Mrs McCann was sure Madeleine had been abducted because the bedroom window was open and the security shutter was forced open, a source close to the family has insisted. Tests on the shutter showed no sign of forced entry. However, another friend claimed yesterday that the shutter had been left open.
When will the Portuguese courts decide what to do in the Madeleine case?
Pedro Daniel dos Anjos Frias, a criminal instructional judge in Portimão, has decided that there is no need for the McCanns to be reinterviewed at this point, hence the prosecutor’s statement last night. The threat of them having to return to the Algarve in the near future has been lifted. The judge must complete his rulings by today on a variety of issues. It is believed that he has already authorised the use of Mrs McCann’s diaries as evidence.
Could the couple still be charged soon?
Unlikely. LuÍs Armando Bilro Verão, the lead public prosecutor, must now decide if there is sufficient evidence to bring charges against them, if he needs to request the PolÍcia Judiciária to carry out further investigations or if the case against them should be dropped.
Why is it all taking so long?
Portuguese detectives are still waiting for the results of tests on samples being carried out by the Forensic Science Service laboratory in Birmingham. They are also believed to want to carry out further searches in the Algarve and possibly at the McCanns’ home.
So how long will the McCanns have to wait?
The couple can remain as arguidos, or official suspects, for eight months before the Portuguese police have to apply for a four-month extension. After this time they automatically cease to be suspects, but there is no requirement for the prosecutor to clear them formally.
Robert Murat, a British self-employed property consultant on the Algarve and the only other official suspect in Madeleine’s disappearance, has been an arguido for four months.
Why has there been so much confusion?
Portugal’s strict laws of judicial secrecy mean that nobody involved in a criminal investigation is allowed to reveal any of the evidence in the case. However, Portuguese police sources are regularly quoted giving incriminating details about the McCanns’ role in their daughter’s disappearance. Friends of the couple have increasingly been attempting to challenge these reports with their own interpretation of events. Both sides are actually breaking the law and could face up to two years in jail.
Who is who in Team McCann
Clarence Mitchell
Former BBC journalist appointed on Monday as Kate and Gerry McCann’s official spokesman. Represented them in May and June after being sent to Praia da Luz by the Foreign and Commonwealth Offic
Michael Caplan, QC
One of few solicitors to be appointed QC, expert in extradition and international criminal law. Prevented extradition to Spain of former Chilean president General Augusto Pinochet
Angus McBride
Leading criminal solicitor with expertise in dealing with media and protecting reputation of individuals subject to media or criminal investigation
Carlos Pinto de Abreu
One of Portugal’s best-known lawyers with reputation for taking on controversial cases. Lodged McCanns’ libel action against Portuguese newspaper which said they were police suspects
Esther McVey
Former GMTV presenter and Conservative parliamentary candidate, trustee and spokeswoman for Madeleine Fund. Has known Mrs McCann since they did their A levels together
Father Haynes Hubbard
Anglican priest at church of Nossa Senhora da Luz (Our Lady of the Light) in Praia da Luz and his wife, Susan, have become close friends and confidants of McCanns
Calum MacRae
18-year-old internet expert runs Find Madeleine website which has attracted more than 400,000 unique users and helped to raise more than £1 million in donations for campaign
Philomena McCann
Mr McCann’s sister, a headteacher, has been key family member to publicise hunt for Madeleine and to defend her parents
Trish and Sandy Cameron
Mr McCann’s sister and brother-in-law have been frequent visitors to the couple in Praia da Luz and Rothley. About 30 other relatives and friends also visited them in Praia da Luz
Why are the McCann’s early television interviews being scrutinised?
Commentators have seized on the lack of emotion shown by Kate and Gerry McCann during a series of televised statements and interviews in the weeks after Madeleine’s disappearance. It is claimed that this was an unnatural response and indicated that the couple were hiding something. In fact, criminal profilers had advised them to display no overt emotion in case Madeleine’s abductor “got off" on the sight of her parents in obvious distress. Off camera, they were deeply distressed and received help from counsellors.
How can the police establish Mrs McCann’s state of mind?
Prosecutors are reported to want access to Mrs McCann’s medical records to see if there is any history of illness such as depression which could explain why she would kill Madeleine. They are also said to want British police to carry out investigations into the couple’s relationship and personal history.
Could Mrs McCann’s handwriting be used as evidence?
A judge has authorised police to seize Mrs McCann’s diary and detectives want a graphologist to study the handwriting, it was reported yesterday. Alberto Vaz da Silva, a criminal psychologist and a handwriting expert, told the newspaper 24 Horas: “It would be possible to discover the temper and the character of the person in question. You can see if someone is lying or hiding something.” However, handwriting evidence is usually used only for forensic science purposes, not to determine a person’s emotional state.
Why could Mrs McCann’s newspaper interview lead to jail?
Mrs McCann could be prosecuted under Portugal’s laws of judicial secrecy for telling the Sunday Mirror that police had seized her bible. She said: “One of the pieces of evidence is that a page from a passage in Samuel about having to tell a man his child is dead is crumpled - so I must have been reading it.” The 24 Horas newspaper said that the public prosecutor could accuse Mrs McCann of breaking the secrecy law, which carries a maximum two years' jail sentence. Varradas Leitao, a member of the Superior Council of the Ministerial Publico, said: “A witness or an arguida, the law is the same for everybody. You cannot divulge procedural acts.”
What are the police doing to find Madeleine or her body?
Portuguese police are reported to be preparing for a new series of searches using sniffer dogs and infra-red equipment in an area between Praia da Luz and the village of Burgau, about two miles to the west. It has also been suggested that they will search the church in Praia da Luz and the town of Arao, where a big operation was carried out after an anonymous tip-off to a Dutch newspaper.
Who is advising Kate and Gerry McCann?
British lawyers Michael Caplan, QC, an expert in international law, and Angus McBride, a solicitor who specialises in protecting the reputation of individuals subject to media or criminal investigation. They have also hired a Portuguese lawyer, Carlos Pinto de Abreu, who filed the libel action against a newspaper which said the police suspected them of involvement in their daughter’s death.
How can the couple win the battle of public opinion?
Clarence Mitchell, 46, has been appointed as their official spokesman. He resigned yesterday as head of the Government’s Media Monitoring Unit and had previously been seconded to the Foreign Office to help the McCanns in the weeks after Madeleine’s disappearance.
What can Mr Mitchell do to help the McCanns?
His job at the Cabinet Office has given him contacts among senior members of the Government and Civil Service. He also has extensive contacts with journalists in both Britain and Portugal and more than 20 years’ experience as a reporter.
Are the McCanns paying for his services?
No. He has been employed by one of their wealthy backers and will continue to work for that person after the Madeleine case is over.
What action will the police take this week?
Portuguese detectives are due to arrive in Leicester to work with a British police team investigating Madeleine’s disappearance. It has been reported that Kate McCann could be interviewed again this week. A Portuguese judge must decide by Thursday whether to approve requests by Portuguese police to secure more evidence.
Who’s advising British police on the case?
Tony Connell, a member of the Crown Prosecution Service’s special casework unit, has been advising the “Gold Group” of senior detectives at Leicestershire Police, which is investigating the Madeleine case. Mr Connell led the review which led to the conviction of Damilola Taylor’s killers.
Could the McCanns be prosecuted in Britain?
It is possible to prosecute a British citizen for a murder or manslaughter abroad under the Offences Against the Person Act 1861. This was last done in 2005 when Christopher Newman was convicted at the Inner London Crown Court of murdering Georgina Eager in Dublin.
Can the public support Kate and Gerry McCann’s legal battle?
A fighting fund to help to pay their legal costs is expected to be announced within the next few days. A source close to the family told The Times: “It will be getting set up and formalised as a proper fund. It has to be meticulously thought through.”
Why is the McCanns’ hire car pivotal to the investigation?
Portuguese police claim they have found traces of Madeleine’s hair and bodily fluid in the boot of the Renault Scenic, indicating that it was used to transport Madeleine’s body after her death. Scientists have said that it should be possible to establish whether the hair came from a dead or living person.
Does this mean the scientific results hold the key to the case?
Not necessarily. Kate and Gerry McCann used the Budget rental car to move apartments, taking with them all their children’s toys and clothing, which would have contained large amounts of genetic material. It was also used by friends, relatives and people who worked on the campaign to find their daughter.
Where is the car now?
When the McCanns left Britain they drove the car to the airport. They have since said they will hold on to the vehicle to get their own independent scientific examinations done.
Under what circumstances was the car searched?
Police seized the car last month and took it to an underground car park opposite their offices in Portimão. Police sources say this is an unusual place to carry out such a delicate search.
Is there any other explanation about how the material could have got there?
If the DNA samples did come from Madeleine’s corpse it would seem an amazing coincidence that the McCanns hired a car used by their daughter’s abductor and killer. However, friends of the McCanns claim that the couple are being framed. It has also been suggested that the samples may have been labelled incorrectly.
Why do Portuguese police want to read Kate McCann’s personal diaries?
Detectives want to check for inconsistencies with the information previously given to police and for clues about the personal relationship between Mrs McCann, her husband and other members of the party who went with them to Portugal. Mrs McCann was seen regularly writing several pages a day in the diaries.
What evidence could be held on Gerry McCann’s laptop computer?
Mr McCann sent and received dozens of e-mails almost every day from friends and people involved in the campaign to find his daughter. It may be possible to retrieve those e-mails, which detectives hope could provide information about the events surrounding Madeleine’s disappearance and the couple’s connections with other people.
Why does a Portuguese judge need to authorise the seizure?
Portuguese police must get an authorisation from a judge to request items which are abroad or to retain items taken without the owner’s permission. Mr and Mrs McCann are believed to have taken most of the objects home to Britain. There are also reports in Portugal that police seized a copy of Mrs McCann’s diaries before the couple left the country to ensure they could not be destroyed. A judge must be asked to authorise a seizure without the owner’s consent within 24 hours.
Why didn’t the Portuguese police seize these items in Praia da Luz?
It may be that the items left Portugal some time ago when Mr or Mrs McCann made previous trips to Britain, or a friend may have taken them. The couple left the Algarve on Sunday morning at very short notice. They notified the Portuguese authorities but perhaps police did not have the opportunity to ask a judge to authorise the seizure of items without the couple’s consent.
Has the judge been asked to authorise any other seizures?
Portuguese papers reported yesterday that officers wanted to obtain Madeleine’s favourite soft toy, which Mrs McCann took home. It is also claimed that police seized the Renault hired by the McCanns 25 days after Madeleine’s disappearance. The car contained samples of the girl’s hair and “bodily fluids”.
What else has the judge been asked to do?
It has been reported that detectives want to search the church in Praia da Luz where the couple regularly prayed after Madeleine disappeared. They would only require an order from the judge if the priest or bishop in charge refused to authorise the search. It has also been suggested that police want to search a cemetery beside the church and to excavate roads where sewers were being replaced at the time of Madeleine’s disappearance.
Who is revealing details about scientific evidence?
By law Portuguese police are prevented from revealing details of investigations. However, some officers have been secretly briefing Portuguese journalists.
What scientific evidence have police collected?
In a briefings on Monday night detectives said that they found traces of “bodily fluids” in the car which had probably come from Madeleine with a large amount of Madeleine’s hair in the boot of the car.
Why are the “bodily fluids” significant?
When pathologists refer to bodily fluids they usually mean the putrefying substance created during the decomposition of a body tissue and blood. This “fluid” is evidence that a corpse has been present, but DNA samples are required to identify the body. It is unclear what “fluids” have been found. It might be traces of urine, dried blood or vomit, which would not conclusively prove Madeleine had died.
Does a large quantity of hair prove that Madeleine’s body was in the car?
No. The hair must show evidence that it came from a decomposing body. Other hair could be “transmitted” from items of Madeleine’s clothing and belongings.
Is anyone else confirming these reports?
Sources in Britain who are assisting the Portuguese investigation have agreed that there is “significant” scientific evidence linking Mr and Mrs McCann to their daughter’s death. However, Portuguese officers took the highly unusual step of publicly denying a report which was allegedly based on sources in Britain.
Does the scientific evidence prove that Madeleine was killed?
Because the samples have degraded over time the scientists can never be 100 per cent certain that they came from Madeleine.
What happened in the four hours before Madeleine was reported missing?
Kate and Gerry McCann claim that while they dined at a restaurant with friends regular checks were made on Madeleine and their two-year-old twins, Sean and Amelie, at their nearby holiday apartment. Mr McCann told police he saw his daughter asleep at about 9pm. A friend, Matthew Oldfield, entered the apartment at about 9.30pm but did not look in the bedroom Madeleine and the twins were sharing.
It is not known if anyone apart from Mr and Mrs McCann saw Madeleine alive between 6pm and 10pm, when she was reported missing by her mother. The timing is crucial but would be only circumstantial evidence in any prosecution. Although a small child could be killed quickly it would take time to hide a body so that it was not discovered in the biggest search in Portuguese history.
Why did Kate McCann cry out “They’ve taken her?” when she discovered Madeleine missing?
Portuguese police are reported to find it suspicious that Mrs McCann immediately believed that more than one person had taken her daughter. This could suggest that she knew who had taken Madeleine, perhaps people who thought they were helping Mrs McCann by removing her daughter’s body.
Alternatively, it could be an off-the-cuff remark by an hysterical mother or perhaps was misheard or misunderstood in the confusion of the night.
What were the movements of the McCann’s friends on the night Madeleine disappeared?
The McCann family had stayed at the Ocean Club resort with three other British couples and their five children, and a single woman. Russell O’Brien, a doctor from Exeter, left the restaurant for half an hour to look after his own daughter, returning shortly before Madeleine was reported missing.
His wife, Jane Tanner, was the only witness to report a man carrying away child from the McCann’s apartments. There is confusion about when members of the party arrived at the tapas restaurant and left to check on their own sleeping children.
How much alcohol did the McCanns and their friends drink on the evening Madeleine disappeared?
Kate and Gerry McCann and their friends are reported to have told detectives they shared four bottles of wine, with another two barely touched before Madeleine was discovered missing.
However, it is claimed detectives have recovered a bill showing they downed eight bottles of red wine and six white during the afternoon and evening.
Why was Madeleine’s bedroom window and shutter open?
Kate and Gerry McCann told police that the window shutter in Madeleine’s bedroom, which could not been seen from the restaurant, had been forced open.
Police tests showed the heavy metal shutter had not been forced up from the outside, so must have been pulled open from inside the room. Assuming that the abductor entered through the apartment’s unlocked patio windows, why would he or she not leave by the same way or the use the front door?
Or was the window opened to make it appear as if an intruder had used it to enter the bedroom?
Why did Madeleine’s sister and brother sleep through her “abduction”?
Sean and Amelie were heavy sleepers who were not disturbed by their sister’s abduction, claim their parents. However, they also slept through their mother’s hysterical response to Madeleine’s disappearance and the presence of dozens of people who joined the search before being carried out by a female police officer. Kate and Gerry McCann have strenuously denied sedating their daughter.
Why were the McCanns allowed to leave Portugal if they are suspects?
The Portuguese authorities allowed the McCanns to return to the UK after they agreed to reside only at their home in Rothley and to return for further questioning if necessary.
Portuguese law states that after someone is declared a suspect, police have eight months to conclude the investigation into that individual. If they require further time officers can apply to the courts for a four-month extension.
If the McCanns refused to comply with a request to return to the Algarve for interview, Portuguese police could issue a European Arrest Warrant under which extradition can be carried out within six weeks.
Why has it taken so long to find the evidence that could implicate Kate and Gerry McCann?
The material was only collected at the end of July and early August in a review of the investigation carried out by Portuguese detectives with the help of British police and two sniffer dogs. Many of the samples are very small, containing just a few cells, while others are of poor quality because of damage by cleaning or simply the passing of time.
A full report of the findings will not be ready for weeks, but many results have already been passed to the Portuguese authorities.
What evidence were police looking for?
Detectives are searching for any evidence that proves Madeleine is dead or contradicts the accounts of Mr and Mrs McCann and other witnesses.
What is the most important forensic evidence?
It appears the Forensic Science Service believes it has discovered compelling new evidence, possibly from more than one source. Portuguese detectives told Mrs McCann repeatedly that they found traces of Madeleine’s blood in a Renault Scenic hired three weeks after she disappeared, suggesting that the missing girl’s parents used the vehicle to carry her body. It is possible to tell if the blood came from a living person or from a corpse, and even the time of death. However, some reports suggest that the quality of the blood sample was too poor to confirm the origin while others have denied any blood was found in the vehicle and claim it was other “bodily fluids”. Unless a body had been placed in a freezer, it would have badly decomposed during the warm weather; leaving a mass of traces invisible to the human eye.
Does any trace of Madeleine in the hire car prove she was killed?
No. Mr and Mrs McCann hired the car to buy new clothes in the town of Portimão a day before they flew to Rome to see Pope Benedict XVI. They then used it regularly for family outings and to collect friends and relatives from Faro airport. They continued using the car until shortly before flying home yesterday. Kate and Gerry and their two-year-old twins would have often carried in the car items used by Madeleine. These items could easily certainly carry Madeleine’s hair and minute traces of skin, dried blood, saliva and vomit. The same could be said of the holiday apartments used by the McCanns and their friends in the Ocean Club resort. However, if the blood came from Madeleine’s corpse the only other highly unlikely explanation would be that a previous hirer had moved the body.
One report suggested yesterday that Madeleine’s DNA had been found on the floor of the McCanns holiday apartment, but because of degredation it was based on an incomplete picture, with only 15 of the 20 genetic markers usually used for such analysis.
What is the DNA evidence that has supposedly been found by the Portuguese investigators?
Newspapers in Portugal have been reporting that “biological fluids” with an 80 per cent match to Madeleine’s DNA have been found underneath upholstery in the boot of the McCanns’ rented Renault Scenic. Some media reports claimed that another DNA sample with a 100 per cent match to that of Madeleine’s profile had been found in the car.
What would this tell us?
Perhaps nothing. If it was sourced from something such as a hair follicle or skin cells then that could have been one of Madeleine’s hairs that had stuck to the clothes of a family member or her “cuddle cat” toy that her mother carries. If it was from Madeleine’s blood or corpse, that could be more significant. The most important issue is the size of the sample found. If there was a substantial amount of material it is unlikely to be from accidental contamination and would indicate that Madeleine had been in the car.
Can investigators establish if the DNA sample comes from someone who was alive or dead?
Unlikely, according to British experts. A DNA profile does not change just because someone dies. You can tell if DNA has degraded but that can happen if, for example, it had been exposed to sunshine.
Does an 80 per cent match with biological fluids indicate that Madeleine was definitely in the car?
No. The sample will have been tested against a definite sample of Madeleine’s. A 80 per cent match indicates that profilers could find only 16 of the 20 markers usually used for such analysis and suggests that the biological traces are tiny and degraded. Additionally, the twins Sean and Amelie could share a high percentage of DNA characteristics as most siblings do.
What complicates the matter further is that all three of the McCanns’ children were born through IVF and it is unknown whether the couple’s sperm and eggs were used for conception.
What about the discoveries of the “cadaver” sniffer dog?
Mr and Mrs McCann were shown a police video of a sniffer dog used to find corpses “going crazy” when it approached the hire car. Reports also claim that is discovered the scent on the vehicle’s key fob. Mrs McCann is reported to have explained that in her work as locum GP she came into contact with six corpses in the weeks leading up to Algarve holiday.
This seems a high number for a locum GP working just a couple of days a week but would be easy to check against surgery records.
The crucial difficulty with the sniffer dog “evidence” is that it cannot distinguish between corpses. This type of dog is trained to find bodies, not identify where dead bodies have been. Crucially, they can become excited by other scents.
Any evidence of Madeleine’s death on Cuddle Cat?
The cadaver dog is alleged to have become excited when shown Madeleine’s favourite soft pink toy, called Cuddle Cat. The cat had become poignant symbol of a mother’s loss as Kate McCann carried it with her at all time from the night of Madeleine’s disappearance.
She washed it four days after the police tests, claiming it had become dirty. The toy was potentially crucial evidence and should have been seized by police very early in the investigation.
What evidence can be found in Mrs McCann’s Bible?
Mrs McCann, a devout Roman Catholic, claims that police told her that a crumpled page in her Bible was evidence that she was involved in the death of her daughter. The page contained a passage from Samuel II, chapter 12, verses 15-19, which recalls how man’s child is stricken with illness after he “scorns” the Lord.
The man fasts for seven days, refusing to get up off the ground, to try to gain redemption — but eventually his child dies. Mrs McCann claims that detectives told her that damage to the page proved she had been reading it.
Why are the McCanns suspects in their daughter’s killing?
Portuguese police refuse to say why the couple have been made official suspects. Under Portuguese law police can not question someone as if they had committed a crime unless they are a “suspect”. It could simply be that police wanted to ask the couple about the evidence they had collected, and that the seriousness of the process has been misunderstood and exaggerated by cultural and language differences. The McCanns believed that they were about to be charged with Madeleine’s death, but it does not appear police disclosed any crucial evidence to them.
All parties have strenuously denied any wrongdoing.